Q: What are my rights? A judge ordered me to apply for government assist and if I don't she will input the child support
The father hadn't paid child support since 2022 of December and the judge was aware of this. My small income was scrutinized in a child support trial earlier this year. Meanwhile the father makes 6 figures and have made no effort to pay child support. The judge literally asked me on the testimony stand why I can't go part time to accept government assistance so that she can deduct the current child support to help out the father. The judge hasn't held the father accountable at all and I had to go the county child support services to step in and help me with this matter. I want to know what my rights is because the judge has ordered me to apply for SSI and IHSS for my son. Also, I do have a full time job.
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- California
- (916) 704-3009
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- Answered
A:
Under California law, you have the right to receive child support from the non-custodial parent regardless of your own income or employment status. The court should ensure that the child support amount is fair and based on both parents' incomes and the needs of the child. It is not appropriate for a judge to require you to reduce your working hours or to seek government assistance to benefit the non-paying parent.
You can request the court to enforce the child support order and hold the father accountable for his arrears. You may also seek assistance from the county child support services to ensure that the payments are collected and enforced properly. The father's significant income should be factored into the child support calculations, and the court should consider his failure to pay since December 2022.
If you believe the judge's order is unfair or biased, you have the right to appeal the decision or request a review by a higher court. Document all instances of non-payment and any court proceedings to strengthen your case. Consulting with an attorney experienced in family law can provide you with additional support and guidance on how to proceed.
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